75R9563 CAS-F
By Hilbert H.B. No. 3339
Substitute the following for H.B. No. 3339:
By Howard C.S.H.B. No. 3339
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dismissal of a condemnation proceeding.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.019, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 21.019. DISMISSAL OF CONDEMNATION PROCEEDINGS. (a) A
1-7 party that files a condemnation petition may move to dismiss the
1-8 proceedings, and the court shall conduct a hearing on the motion.
1-9 The court may grant the motion only if the court determines that
1-10 the property owner's interest will not be materially affected by
1-11 the dismissal. A [However, after the special commissioners have
1-12 made an award, in an effort to obtain a lower award a] condemnor
1-13 may not dismiss the condemnation proceedings merely to institute
1-14 new proceedings that involve substantially the same condemnation
1-15 against the same property owner solely to obtain a lower
1-16 condemnation award.
1-17 (b) If a [A] court dismisses [that hears and grants a motion
1-18 to dismiss] a condemnation proceeding, the court [made by a
1-19 condemnor under Subsection (a)] shall make an allowance to the
1-20 property owner for the value of the condemnor's use of the property
1-21 while in possession of the property, any damage that the
1-22 condemnation has caused to the property owner, and any expenses the
1-23 property owner has incurred in connection with the condemnation,
1-24 including reasonable and necessary fees for attorneys[, appraisers,
2-1 and photographers and for the other expenses incurred by the
2-2 property owner to the date of the hearing].
2-3 [(c) A court that hears and grants a motion to dismiss a
2-4 condemnation proceeding made by a property owner seeking a judicial
2-5 denial of the right to condemn or that otherwise renders a judgment
2-6 denying the right to condemn may make an allowance to the property
2-7 owner for reasonable and necessary fees for attorneys, appraisers,
2-8 and photographers and for the other expenses incurred by the
2-9 property owner to the date of the hearing or judgment.]
2-10 SECTION 2. The changes in law made by this Act apply only to
2-11 dismissal of a condemnation proceeding for which a motion is made
2-12 on or after the effective date of this Act. Dismissal of a
2-13 condemnation proceeding for which a motion is made before the
2-14 effective date of this Act is governed by the law in effect at the
2-15 time the motion was made, and that law is continued in effect for
2-16 that purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.